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Filed: 2/26/2001, Entered: 7/16/2001 |
Docket Annotation |
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Exhibits picked up by messenger. (jsol)
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| 55 |
Filed: 8/28/1996, Entered: 8/28/1996 |
Judgment* |
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JUDGMENT for Pier One Holdings against FHC Capital, Inc., Southwest Capital, David Simmons jointly & severally, in the amount of Four Million One Hundred Ninety-Five Thousand Dollars ($4,195,000.00) as to counts I, II and III of the complaint, that the pltf Pier One is hereby awarded judgment against the defts FHC Capital, Inc., David Simmons, and Southwest Capital Asset Fund a.k.a Southwest Fidelity Fund, jointly and severally, in the amount of Twenty Thousand Dollars ($20,000.00) as to count IV of the complaint -ent & filed. ( signed by Judge T. S. Ellis III ) Copies Mailed: yes (mcke)
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| -- |
Filed: 8/28/1996, Entered: 8/28/1996 |
Case Assigned/Reassigned |
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CASE assigned to Judge T. S. Ellis III (mcke)
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| -- |
Filed: 8/28/1996, Entered: 8/28/1996 |
Terminated Case |
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Case closed (mcke)
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| 57 |
Filed: 8/27/1996, Entered: 9/13/1996 |
Amended Complaint |
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AMENDED COMPLAINT by Pier One Holdings amending [1-1] complaint ; (mcke)
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| 56 |
Filed: 8/27/1996, Entered: 9/13/1996 |
Order |
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ORDER granting motion for the pltf to file an amended compalint, the sole reason for the amended complaint is to list an alias for the deft currently named as Southwest Captial Asset Fund, - ent & filed. ( signed by Judge T. S. Ellis III ) Copies Mailed: yes (mcke)
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| -- |
Filed: 8/27/1996, Entered: 8/27/1996 |
Docket Annotation |
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1 black binder of pltf's exhibits in closed exhibit room (clerk)
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| -- |
Filed: 8/27/1996, Entered: 8/27/1996 |
Bench Trial - Held |
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Bench trial held. Judge Ellis. Reporter: Rodriguez. Appearances: counsel. Matter came on for hearing on damages only. Appearances of parties and counsel for pltf., none for deft.; Pltf. adduced evidence and rested. Pltf. w/d request for punitive damages. Court awarded damages in the amount of $4,195,000 on counts 1-3, and $20,000 on count 4. Counsel to submit order reflecting court's findings. (clerk)
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| 53 |
Filed: 8/26/1996, Entered: 8/26/1996 |
Affidavit |
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AFFIDAVIT of Scott Peterson Re: [52-1] motion by Pier One Holdings for Leave to File amended complaint (mcke)
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| 52 |
Filed: 8/26/1996, Entered: 8/26/1996, Terminated: 8/28/1996 |
Motion for Leave to File |
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MOTION by Pier One Holdings for Leave to File amended complaint (mcke)
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| 54 |
Filed: 8/23/1996, Entered: 8/27/1996 |
Order |
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ORDER that for reasons stated from the bench, pltf's motion for default judgment is granted. Accordingly, judgment is entered for pltf., with damages to be determined at a subsequent date, ent - filed ( signed by Judge T. S. Ellis III ) Copies Mailed: yes (clerk)
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| -- |
Filed: 8/23/1996, Entered: 8/26/1996 |
Minutes-Miscellaneous |
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Minute entry: Judge Ellis. Reporter: Rodriguez. Appearances: counsel. Matter came on for hearing on pltf's motion for default judgment against defts. or in the alternative for summary judgment - argued and default judgment entered. Trial will go forward on damages only on 8/27/96. (clerk)
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| 51 |
Filed: 8/14/1996, Entered: 8/14/1996 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 8/23/96 for [49-1] motion by Pier One Holdings for Default Judgment against FHC Capital, Inc., Southwest Capital, David Simmons or in the alternative, set for 10:00 8/23/96 for [49-2] motion by Pier One Holdings for Summary Judgment (clerk)
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| 50 |
Filed: 8/14/1996, Entered: 8/14/1996 |
Memorandum in Support |
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MEMORANDUM by Pier One Holdings in support of [49-1] motion by Pier One Holdings for Default Judgment against FHC Capital, Inc., Southwest Capital, David Simmons or in the alternative by Pier One Holdings, [49-2] motion by Pier One Holdings for Summary Judgment by Pier One Holdings with exhibits and affidavit of ScottPeterson in support (clerk)
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| 49 |
Filed: 8/14/1996, Entered: 8/14/1996, Terminated: 8/28/1996 |
Motion for Default Judgment |
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MOTION by Pier One Holdings for Default Judgment against FHC Capital, Inc., Southwest Capital, David Simmons or in the alternative , . by Pier One Holdings for Summary Judgment (clerk)
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| 48 |
Filed: 8/2/1996, Entered: 8/2/1996 |
Order |
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ORDER granting [45-1] motion by Pier One Holdings for Sanctions on defts. for failure to comply with discovery order, and the court enters a default as to all defendant's: the court strikes the answers of deft: the deft's are precluded from contesting liability as to damages; the defendants are precluded form introducing expert testimony on their behalf. () Copies Mailed: y (dana)
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| -- |
Filed: 8/2/1996, Entered: 8/2/1996 |
Minutes-Miscellaneous |
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Minute entry: Mag. Judge Jones. Rpt. Rudiger and Green. Appearance of pltf. Matter heard and pltf's. motion for sanctions: argued and Granted. Order to be entered. (dana)
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| 47 |
Filed: 7/25/1996, Entered: 7/26/1996 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 8/2/96 for [45-1] motion by Pier One Holdings for Sanctions on defts. for failure to comply with discovery order (clerk)
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| 46 |
Filed: 7/25/1996, Entered: 7/26/1996 |
Memorandum in Support |
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MEMORANDUM by Pier One Holdings in support of [45-1] motion by Pier One Holdings for Sanctions on defts. for failure to comply with discovery order by Pier One Holdings (clerk)
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| 45 |
Filed: 7/25/1996, Entered: 7/26/1996, Terminated: 8/2/1996 |
Motion for Sanctions |
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MOTION by Pier One Holdings for Sanctions on defts. for failure to comply with discovery order (clerk)
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| 44 |
Filed: 7/12/1996, Entered: 7/15/1996 |
Order |
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ORDER granting [35-1] motion by David Simmons, Southwest Capital, FHC Capital, Inc. for David S. Bracken & John J. Billingsley to Withdraw as Attorney (Terminated attorney David Scott Bracken for David Simmons, attorney John Joseph Billingsley for David Simmons, attorney David Scott Bracken for Southwest Capital, attorney John Joseph Billingsley for Southwest Capital, attorney David Scott Bracken for FHC Capital, Inc., attorney John Joseph Billingsley for FHC Capital, Inc. ( signed by Magistrate Judge W. C. Sewell ) Copies Mailed: yes (lbac)
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| -- |
Filed: 7/12/1996, Entered: 7/15/1996 |
Minutes-Miscellaneous |
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Minute entry: (WCS). Tape: #206. Appearance: counsel for deft. Matter came on for defts' motion to withdraw counsel: uncontested and granted. Order filed in open court. (lbac)
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| 43 |
Filed: 7/1/1996, Entered: 7/3/1996 |
Docket Annotation |
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RULE 26(A)(3) Disclosures (Identification of Witnesses) by Defts (jsol)
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| 42 |
Filed: 7/1/1996, Entered: 7/3/1996 |
Exhibit |
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EXHIBIT LIST by FHC Capital, Inc., Southwest Capital, David Simmons (jsol)
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| 41 |
Filed: 7/1/1996, Entered: 7/3/1996 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 7/12/96 for [35-1] motion by Defts for David S. Bracken & John J. Billingsley to Withdraw as Attorney (jsol)
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| 40 |
Filed: 6/24/1996, Entered: 6/26/1996 |
Order |
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ORDER granting [32-1] motion by Pier One Holdings to Compel, granting [32-2] motion by Pier One Holdings for Sanctions ( signed by Magistrate Judge W. C. Sewell ) Copies Mailed: 06/21/96 (nbla)
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Filed: 6/21/1996, Entered: 6/26/1996 |
Minutes-Miscellaneous |
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Minute entry: Judge W. C. Sewell. Reporter; Rudiger and Green. Appearances: counsel for the pltf. Matter came on as pltf's motion to compel and santions - granted. Order to follow. (nbla)
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| 39 |
Filed: 6/20/1996, Entered: 6/21/1996 |
Witness List |
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RULE 26 (A) (3) disclosures (Witness list) by Pier One Holdings (mcke)
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| 38 |
Filed: 6/20/1996, Entered: 6/21/1996 |
Exhibit |
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Exhibit list by Pier One Holdings (mcke)
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| -- |
Filed: 6/20/1996, Entered: 6/21/1996 |
Set/Reset Deadlines: |
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Deadline updated; set Trial by COURT date for 10:00 8/27/96 (mcke)
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| -- |
Filed: 6/20/1996, Entered: 6/21/1996 |
Pretrial Conference - Final |
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Pre-Trial Conference held (JCC) Appearances: Counsel Case set for trial by COURT on 8/27/96. (mcke)
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| 37 |
Filed: 6/19/1996, Entered: 6/20/1996 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 6/28/96 for [35-1] motion by David Simmons, Southwest Capital, FHC Capital, Inc. for David S. Bracken & John J. Billingsley to Withdraw as Attorney (atty notified to re-notice) (mcke)
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| 36 |
Filed: 6/19/1996, Entered: 6/20/1996 |
Memorandum in Support |
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MEMORANDUM by FHC Capital, Inc., Southwest Capital, David Simmons in support of [35-1] motion by David Simmons, Southwest Capital, FHC Capital, Inc. for David S. Bracken & John J. Billingsley to Withdraw as Attorney (mcke)
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| 35 |
Filed: 6/19/1996, Entered: 6/20/1996, Terminated: 7/12/1996 |
Motion to Withdraw as Attorney |
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MOTION by David Simmons, Southwest Capital, FHC Capital, Inc. for David S. Bracken & John J. Billingsley to Withdraw as Attorney (mcke)
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| 34 |
Filed: 6/19/1996, Entered: 6/19/1996, Terminated: 8/28/1996 |
Response to Motion |
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RESPONSE by FHC Capital, Inc., Southwest Capital, David Simmons to [32-1] motion by Pier One Holdings to Compel by Pier One Holdings (clerk)
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| 33 |
Filed: 6/17/1996, Entered: 6/17/1996 |
Memorandum in Support |
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MEMORANDUM by Pier One Holdings in support of [32-1] motion by Pier One Holdings to Compel by Pier One Holdings, [32-2] motion by Pier One Holdings for Sanctions by Pier One Holdings (clerk)
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| 32 |
Filed: 6/17/1996, Entered: 6/17/1996, Terminated: 6/24/1996 |
Motion to Compel |
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MOTION by Pier One Holdings to Compel , by Pier One Holdings for Sanctions (clerk)
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| 31 |
Filed: 6/3/1996, Entered: 6/4/1996 |
Notice |
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NOTICE by Pier One Holdings to take deposition of David Simmons (ltun)
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| 30 |
Filed: 5/24/1996, Entered: 5/28/1996 |
Order |
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ORDER granting [28-1] joint motion for Extension of Discovery, the parties may conduct discovery after the discovery cut off and to and including June 18, 1996. The pretrial conference remains scheduled for June 20, 1996 and all other provisions of the scheduling order remain in effect - ent & filed. ( signed by Magistrate Judge W. C. Sewell ) Copies Mailed: yes (mcke)
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| 29 |
Filed: 5/23/1996, Entered: 5/23/1996 |
Memorandum in Support |
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MEMORANDUM by Pier One Holdings, FHC Capital, Inc., Southwest Capital, David Simmons in support of [28-1] parties joint motion for Extention of Discovery (clerk)
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| 28 |
Filed: 5/23/1996, Entered: 5/23/1996, Terminated: 5/24/1996 |
Motion for Extension |
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JOINT MOTION for Extention of Discovery (clerk)
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| 27 |
Filed: 5/15/1996, Entered: 5/16/1996 |
Objection |
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OBJECTIONS by defendant FHC Capital, Inc., defendant Southwest Capital, defendant David Simmons to pltf's supplemental set of interrogatories (mcke)
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| 26 |
Filed: 5/15/1996, Entered: 5/16/1996 |
Notice |
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NOTICE by FHC Capital, Inc., Southwest Capital, David Simmons to take deposition of Barrie M. Peterson (mcke)
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| 25 |
Filed: 5/15/1996, Entered: 5/16/1996 |
Notice |
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NOTICE by FHC Capital, Inc., Southwest Capital, David Simmons to take deposition of Scott W. Peterson (mcke)
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| 24 |
Filed: 5/15/1996, Entered: 5/16/1996 |
Objection |
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OBJECTIONS by defendant FHC Capital, Inc., defendant Southwest Capital, defendant David Simmons to pltf's supplemental request for production of documents (mcke)
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| 23 |
Filed: 4/17/1996, Entered: 4/18/1996 |
Answer |
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ANSWER to Complaint by FHC Capital, Inc., Southwest Capital, David Simmons (Attorney David Scott Bracken), (mcke)
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| 22 |
Filed: 4/10/1996, Entered: 4/10/1996 |
Discovery - Miscellaneous |
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Designation of expert witnesses filed by Pier One Holdings (mcke)
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| 21 |
Filed: 3/29/1996, Entered: 3/29/1996 |
Discovery - Miscellaneous |
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Designation of expert witnesses - filed by Pier One Holdings (mcke)
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| 20 |
Filed: 3/18/1996, Entered: 3/19/1996 |
Order |
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ORDER that the defts' motion to quash service of process and to dismiss is hereby withdrawn without prejudice to the defts to assert any defenses available to them other than objections to service of process, and that the defts herein are directed to file a responsive pleading to the complaint within thirty (30) days from the date of this order - ent & filed (see order for more details) ( signed by Judge Albert V. Bryan Jr. ) Copies Mailed: yes (mcke)
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| 19 |
Filed: 3/7/1996, Entered: 3/12/1996 |
Docket Annotation |
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PRAECIPE that the clerk will file the enclosed "Exhibit A" to be attached to the Pltfs Memorandum in Support of its Opposition to Dfts' Motion to Quash Service of Process and to Dismiss that was previously filed on March 6, 1996. -filed by pltf (clerk)
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| 18 |
Filed: 3/6/1996, Entered: 3/7/1996 |
Memorandum in Opposition |
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MEMORANDUM by Pier One Holdings in opposition to [10-1] motion by David Simmons, Southwest Capital, FHC Capital, Inc. to Quash Service of Process, [10-2] motion to Dismiss complaint as to David Simmons and Southwest Capital Asset Fund for lack of personal jurisdiction; and, or alternatively to dismiss Count III (clerk)
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| 17 |
Filed: 3/1/1996, Entered: 3/5/1996 |
Order |
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CONSENT ORDER granting [14-2] motion to Continue hearing date on defts' motion to quash and to dismiss from 3-1-96 to 3-15-96 ( signed by Judge James C. Cacheris ) Copies Mailed: y (clerk)
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| 16 |
Filed: 3/1/1996, Entered: 3/5/1996 |
Order |
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ORDER granting [14-1] motion by Shaw, Pittman, Potts & Trowbridge to Withdraw. ( signed by Judge James C. Cacheris ) Copies Mailed: y (clerk)
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| -- |
Filed: 3/1/1996, Entered: 3/6/1996 |
Set/Reset Deadlines: |
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Deadline updated; Motion Hearing set for 10:00 3/15/96 for [10-1] motion by David Simmons, Southwest Capital, FHC Capital, Inc. to Quash Service of Process, set for 10:00 3/15/96 for [10-2] motion to Dismiss complaint as to David Simmons and Southwest Capital Asset Fund for lack of personal jurisdiction; and, or alternatively to dismiss Count III. (clerk)
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Filed: 3/1/1996, Entered: 3/5/1996 |
Minutes-Miscellaneous |
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Minute entry: Judge Cacheris. Reporter: Farmer. Appearances: of Counsel. Motion by Shaw, Pittman, Potts & Trowbridge to w/d -granted. Remaining motions cont. until 3-15-96 @ 10:00. (clerk)
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| 15 |
Filed: 2/21/1996, Entered: 2/21/1996 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 3/1/96 for [14-1] motion by Shaw, Pittman, Potts & Trowbridge to Withdraw, set for 10:00 3/1/96 for [14-2] motion to Continue hearing date on defts' motion to quash and to dismiss from 3-1-96 to 3-15-96 (clerk)
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| 14 |
Filed: 2/21/1996, Entered: 2/21/1996, Terminated: 3/1/1996 |
Motion to Withdraw |
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MOTION by Shaw, Pittman, Potts & Trowbridge to Withdraw , to Continue hearing date on defts' motion to quash and to dismiss from 3-1-96 to 3-15-96 (clerk)
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| 12 |
Filed: 2/14/1996, Entered: 2/15/1996 |
Affidavit |
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DECLARATION of David Simmons (clerk)
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| 11 |
Filed: 2/14/1996, Entered: 2/15/1996 |
Memorandum in Support |
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MEMORANDUM of Points and Authorities in support of [10-1] motion by David Simmons, Southwest Capital, FHC Capital, Inc. to Quash Service of Process and [10-2] motion to Dismiss the complaint as to David Simmons and Southwest Capital Asset Fund for lack of personal jurisdiction; and , or alternatively to dismiss Count III. (clerk) Modified on 02/15/1996
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| 10 |
Filed: 2/14/1996, Entered: 2/15/1996 |
Motion to Quash |
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NOTICE and MOTION by David Simmons, Southwest Capital, FHC Capital, Inc. to Quash Service of Process and to Dismiss complaint as to David Simmons and Southwest Capital Asset Fund for lack of personal jurisdiction; and, or alternatively to dismiss Count III. (clerk) Modified on 02/15/1996
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| -- |
Filed: 2/14/1996, Entered: 2/29/1996 |
Docket Annotation |
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NOTE: There is no pleading entry #13 (clerk)
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| -- |
Filed: 2/14/1996, Entered: 2/29/1996 |
Motion Hearing |
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Motion hearing re: [10-1] motion by David Simmons, Southwest Capital, FHC Capital, Inc. to Quash Service of Process set at 10:00 3/1/96, [10-2] motion to Dismiss complaint as to David Simmons and Southwest Capital Asset Fund for lack of personal jurisdiction; and, or alternatively to dismiss Count III. set at 10:00 3/1/96 (clerk)
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| 9 |
Filed: 2/1/1996, Entered: 2/1/1996 |
Scheduling Order |
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SCHEDULING ORDER setting Discovery cutoff 5/31/96 ; Pretrial Conference for 10:55 6/20/96 ; ( signed by Judge Albert V. Bryan Jr. ) Copies Mailed: yes (ltun)
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| 8 |
Filed: 1/30/1996, Entered: 2/1/1996 |
Order |
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ORDER for the reasons stated from the bench, granting [5-1] motion by David Simmons, Southwest Capital, FHC Capital, Inc. to Extend Time to respond to complaint and Dft shall answer or otherwise plead to the Complaint by February 14, 1996 ent. & filed ( signed by Magistrate Judge Barry R. Poretz ) Copies Mailed: y (clerk)
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| -- |
Filed: 1/26/1996, Entered: 2/1/1996 |
Minutes-Miscellaneous |
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Minute entry: (BRP). Reporter: Rudiger & Green. Appearance: counsel for deft. Matter came on for defts' motion to extend time to respond: uncontested & granted. Order to be filed. (lbac)
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| 7 |
Filed: 1/22/1996, Entered: 1/22/1996 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 1/26/96 for [5-1] motion by David Simmons, Southwest Capital, FHC Capital, Inc. to Extend Time to respond to complaint (clerk)
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| 6 |
Filed: 1/22/1996, Entered: 1/22/1996 |
Memorandum in Support |
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MEMORANDUM by FHC Capital, Inc., Southwest Capital, David Simmons in support of [5-1] motion by David Simmons, Southwest Capital, FHC Capital, Inc. to Extend Time to respond to complaint by David Simmons, Southwest Capital, FHC Capital, Inc. (clerk)
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| 5 |
Filed: 1/22/1996, Entered: 1/22/1996, Terminated: 1/30/1996 |
Motion for Extension |
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MOTION by David Simmons, Southwest Capital, FHC Capital, Inc. to Extend Time to respond to complaint (clerk)
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| 4 |
Filed: 1/16/1996, Entered: 1/17/1996 |
Summons Returned Executed |
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SUMMONS Returned Executed as to FHC Capital, Inc. 1/4/96 Answer due on 1/24/96 (Original Summons not returned Atty Notified) (clerk) Modified on 01/19/1996
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| 3 |
Filed: 1/16/1996, Entered: 1/17/1996 |
Summons Returned Executed |
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SUMMONS Returned Executed as to Southwest Capital 1/4/96 Answer due on 1/24/96 (Original Summons not returned Atty Notified) (clerk) Modified on 01/19/1996
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| 2 |
Filed: 1/16/1996, Entered: 1/17/1996 |
Summons Returned Executed |
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SUMMONS Returned Executed as to David Simmons 1/4/96 Answer due on 1/24/96 (Original Summons not returned Atty Notified)(clerk) Modified on 01/19/1996
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Filed: 12/19/1995, Entered: 12/21/1995 |
Summons Issued |
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SUMMONS(ES)(Org. & 3) issued and given to atty for service by SPS Lanny Bonrud as to dfts FHC Capital, Inc., Southwest Capital, David Simmons (clerk)
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| 1 |
Filed: 12/15/1995, Entered: 12/21/1995 |
Complaint |
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COMPLAINT Filing Fee $ 120.00 Receipt # 107330 (clerk)
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